HB 1384 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in juvenile matters, providing for confinement in juvenile treatment facilities.

PRINTER'S NO.   1889

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1384
                                                 Session of
                                                   2025

     INTRODUCED BY KINKEAD, D. MILLER, KRAJEWSKI, RABB, HILL-EVANS,
        NEILSON, HANBIDGE, MADDEN, HOHENSTEIN, SANCHEZ, KAZEEM,
        CEPEDA-FREYTIZ, SCOTT, D. WILLIAMS, STEELE, SHUSTERMAN,
        GREEN, O'MARA, CERRATO, WARREN, INGLIS, CARROLL, WAXMAN,
        BOYD, BOROWSKI, FIEDLER, SCHWEYER, BURGOS, HOWARD AND MAYES,
        JUNE 9, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 10, 2025


                                      AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in juvenile matters,
 3      providing for confinement in juvenile treatment facilities.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 42 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 6329.    Confinement in juvenile treatment facilities.
 9      (a)    Limitation on room confinement.--
10             (1)   A staff member from the Bureau of Juvenile Justice
11      Services within the Department of Human Services, the Bureau
12      of Human Services Licensing within the Department of Human
13      Services, a facility operated primarily for the detention of
14      children who have been adjudicated delinquent or any other
15      secure facility may not subject a child to room confinement
16      for the purposes of discipline, punishment, retaliation,
 1      coercion, convenience due to staffing shortages, efficiency
 2      due to lack of administrative resources or any other reason
 3      as a result of:
 4                  (i)    an adjudication of delinquency or disposition of
 5            the child; or
 6                  (ii)   detention of the child prior to the
 7            adjudication of delinquency or disposition of the child.
 8            (2)   Paragraph (1) shall not apply if room confinement is
 9      used as a temporary response to a child's behavior that poses
10      a serious and immediate risk of physical harm to the child or
11      another individual.
12      (b)   Techniques.--Before a child is placed in room
13   confinement under this section, a staff member shall attempt to
14   use less restrictive techniques, including:
15            (1)   Conversing with the child to de-escalate the serious
16      and immediate risk of physical harm to the child or another
17      individual.
18            (2)   Permitting a qualified mental health professional to
19      converse with the child to de-escalate the serious and
20      immediate risk of physical harm to the child or another
21      individual.
22            (3)   Moving the child to another location where services
23      can be provided not requiring room confinement that will de-
24      escalate the serious and immediate risk of physical harm to
25      child or another individual.
26      (c)   Explanation.--If a less restrictive technique under
27   subsection (b) fails to de-escalate the serious and immediate
28   risk of physical harm to the child or another individual, prior
29   to placing the child in room confinement, a staff member shall
30   inform the child of the following:

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 1            (1)   The reasons why the child will be placed in room
 2      confinement.
 3            (2)   That the child will be released from room
 4      confinement immediately when the child's behavior conforms to
 5      subsection (d)(1) or not later than after the expiration of
 6      the time period specified under subsection (d)(2), whichever
 7      occurs first.
 8      (d)   Confinement period.--If a child is placed in room
 9   confinement, the child shall be released either:
10            (1)   upon a staff member determining that the child does
11      not pose a serious and immediate risk of physical harm to the
12      child or another individual; or
13            (2)   if the child does not control the child's behavior,
14      not later than:
15                  (i)    three hours after being placed in room
16            confinement in the case of a child who poses a serious
17            and immediate risk of physical harm to others; or
18                  (ii)    thirty minutes after being placed in room
19            confinement in the case of a child who poses a serious
20            and immediate risk of physical harm to self.
21      (e)   Alternative strategies.--If the time period under
22   subsection (d)(2) has expired and the child continues to pose a
23   serious and immediate risk of physical harm to the child or
24   another individual, a licensed practitioner of the healing arts
25   as defined in 55 Pa. Code § 5230.3 (relating to definitions)
26   shall determine whether the child can be released from room
27   confinement or whether alternative treatment strategies, such as
28   inpatient psychiatric hospitalization, are necessary.
29      (f)   Consecutive periods.--A child may not be subject to
30   consecutive periods of room confinement.

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 1      (g)   Notice to attorney.--If a child is placed in room
 2   confinement, the child's attorney shall be given notice of the
 3   room confinement by the next business day.
 4      (h)   Definitions.--As used in this section, the following
 5   words and phrases shall have the meanings given to them in this
 6   subsection unless the context clearly indicates otherwise:
 7      "Consecutive periods."    Successive placements of room
 8   confinement following one after another without interruption.
 9      "Room confinement."    The involuntary placement of a child
10   alone in a cell, room or other area.
11      "Temporary."     No more than 15 minutes after being placed in
12   room confinement.
13      Section 2.   This act shall take effect in 60 days.




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